Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Housing - Housing Scheme |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Housing - Housing Scheme - By State Housing andInfrastructure Development Board- Cost of developed plotsinitially fixed at Rs. 16, 5001- per sq. mfr. as per Rules of theBoard - Final demand by the Board from the allottees afterfixing the sale price at Rs. 30, 0001- per sq. mtr. - Final demandat enhanced rate challenged - Single Judge and DivisionBench of High Court quashed the enhanced/final demand -On appeal, held: The advertisement of the housing schemein the newspaper specifically stated that the price wasprovisional - The final sale price was fixed in accordancewith the provisions of Griha Nirman Manda/ Adhiniyam andHousing Board Accounts Rules - Hence the Board was notdebarred from raising the cost of construction or claimingenhanced prices for the land - However, the saidenhancement is arbitrary, unreasonable, unfair and withoutapplying the principle of the doctrine of proportionality andthus violative of Art. 14 of the Constitution - The determinationof final cost of the land should have been in consonancewith the doctrine of proportionality and not on the basis ofthe market price - It would be just and proper to take intoconsideration the cost of developed plots at Rs. 16, 5001- persq. mtr. and take escalation@10% for every year from 2007to 2011 and ask the allottees to pay simple interest thereon- Constitution of India, 1950 - Art. 14 - Madhya PradeshGriha Nirman Manda/ Adhiniyam, 1972 - s.50 - Madhya Pradesh Housing Board Accounts Rules, 1991- Stamp Act,1899-s.47(a)-Madhya Pradesh Preparation and Revisionof Market Value guidelines Rules, 2000- Rules 4(2) and 75.Precedent -: Precedential value of a judgment - Any declaration or conclusion arrived at without application ofmind or preceded without any reason cannot be deemed tobe declaration of law of a general nature and cannot bedeemed as a precedent. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2015 INSC 505 |
Petitioner | Madhya Pradesh Housing And Infrastructure Development Board & Ors. |
Respondent | B. S. S. Parihar & Ors. |
SCR | [2015] 6 S.C.R. 841 |
Judgement Date | 2015-07-21 |
Case Number | 1801 |
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